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Ordinance No. 804ORDINANCE NO. 804 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING CHAPTER 13, ARTICLE III, SECTIONS 13 -13 TO 13 -20 INCLUSIVE, "HAZARDOUS OR UNSANITARY CONDITIONS" OF THE CODE OF THE CITY OF CYPRESS THE CITY COUNCIL OF THE CITY OF CYPRESS DOES ORDAIN AS FOLLOWS: SECTION I: Section 13 -13 TO 13 -20, "Hazardous or unsanitary conditions," of the Code of the City of Cypress is hereby repealed. SECTION II: Section 13 -13 et Reg. of the Code of the City of Cypress is hereby amended by the addition of Sections 13 -13 to 13 -20.4 as follows: Sec. 13 -13. Purpose of Article. The purpose of this article is to provide for the abatement of hazardous or unsanitary conditions which affect the life, limb, health, property, safety, or welfare of the general public in such a way as to constitute a nuisance. Sec. 13 -14. Definition of Nuisance. For the purpose of this article, the term "nuisance" shall mean: (a) Any public nuisance known at common law or in equity jurisprudence. (b) Any attractive nuisance which may prove detrimental to children whether in a building, on the premises of a building, or upon an unoccupied lot. This includes any abandoned wells, shafts, basements, or excavations; abandoned refrigerators, and motor vehicles; or any structurally unsound fences or structures; or any lumber, trash, garbage, rubbish, refuse, fences, debris, noxious weeds, or vegetation which may prove a hazard for inquisitive minors. (c) Whatever is dangerous to human life or is detrimental to health as determined by the health officer. (d) Overcrowding a room with occupants. (e) Insufficient ventilation or illumination. (f) Inadequate or unsanitary sewerage or plumbing facilities. (g) Whatever renders air, food, or drink unwholesome or detrimental to the health of human beings as determined by the health officer. (h) Any condition or use of premises or of building exteriors which is detrimental to the property of others. This includes, but is not limited to, the keeping or the scattering over the premises of any of the following: 1. Lumber, junk, trash, or debris; 2. Abandoned, discarded, or unused objects or equipment such as automobiles, furniture, stoves, refrigerators, freezers, cans or containers; 3. Stagnant water or excavations; -1- 4. Any device, decoration, design, fence, structure, clothesline, or vegetation which is unsightly by reason of its condition. (i) Any violation of the City Building, Planning, or Zoning Code. Sec. 13 -15. Duty of Property Owner. No person, whether the same be the owner, agent or person in control of any inhabited or uninhabited lot, piece or parcel of land within the City, shall maintain such premises or allow the same to be maintained in a condition which is injurious to health, safety, or welfare of residents of the vicinity, or which otherwise is dangerous or injurious to neighboring property or the health or welfare of residents of the vicinity. The existence of any condition prohibited by this Section is declared to be a public nuisance. The owner of each lot in the City shall be responsible for the maintenance of all public rights -of -way, which abut such lot, other than portions of public streets or alleys which are utilized for vehicular parking or traffic. The lot owner's obligation shall be to maintain such rights -of -way so that the same do not become a public nuisance; such maintenance duty shall include, but not be limited to, the obligation to remove therefrom weeds, rubbish, or other materials which may constitute a fire hazard, or a refuge for vermin, or which may produce pollen which is or may be injurious to the health, safety, or welfare of persons, or which is otherwise dangerous or injurious to adjacent real properties. Sec. 13 -16. Notice to Remove. Whenever the Director of Public Works or the Director of Planning shall find, based upon the recommendations of the Fire Chief, Police Chief, Building Official, Health Officer, or his /her own judgment, that a condition prohibited by Section 13 -14 exists upon any lot, piece or parcel of land, or upon any street, alley, sidewalk, or right -of -way abutting such lot, piece, or parcel of land, he /she shall give or cause to be given, in the manner hereinafter provided a notice to remove such condition. Sec. 13 -17. Form and Manner of Notice. Notice shall be given by posting in a conspicuous place upon or in front of the lot, piece, or parcel of land on which, or upon the street, alley, sidewalk, or right -of- way adjacent to which, such weeds, rubbish or other condition prohibited by Section 13 -14 exists. The notice shall be headed "NOTICE TO ABATE NUISANCE" in letters not less than one inch in height and, in legible character, shall direct the removal of the condition which shall be described in said notice and shall refer to this Chapter for further particulars. The notice shall be in substantially the following form: -2- NOTICE TO ABATE NUISANCE Notice hereby is given that under the provisons of Chapter 13 of the Cypress City Code, (state specific nuisance) is /are existing upon or in front of the following described property: (.give the address or if posting a whole street, the name of the street) and that they constitute a public nuisance which must be abated. If removal of the (state specific nuisance) is /are not made within fourteen (14) calendar days from the date of this notice, the same shall be removed by the City, and the cost of the removal -- including administrative costs -- assessed upon the land from which, or in front of which the (state specific nuisance) is /are removed and the assessed cost will constitute a lien upon such land until paid. All persons having any objection to the proposed required removal may appeal to the City Council, in writing, within fourteen (14) calendar days from the date of this notice. Dated this day of 1988. Director of Public Works /or Director of Planning City of Cypress In addition to posting of this notice, the notice required shall be given by either: personal service on the owner of the affected premises, lot, or parcel of land; or by a certified mailing of the notice deposited in the United States Mail at Cypress, California, addressed to the owner of such premised lot or parcel of land, at the address shown on the last equalized assessment roll and to the street address of the affected premise, if any. The notice shall bear the date of posting. Sec. 13 -18, Appeal. Within fourteen (14) calendar days from the date of the notice, the owner or any other person interested in the property, land, or lots affected by said notice, may appeal to the City Council from the determination of the Director of Public Works or Director of Planning. The appeal shall be filed with the City Clerk and shall be presented by the City Clerk to the City Council at the next regular meeting of the City Council following the date of the filing. The City Council at such meeting, or at such meeting to which the matter may be continued by the Council, shall hear and pass upon the appeal, and the decision of the Council thereon shall be final and conclusive. Written notice of the Council's determination shall be mailed to the person appealing at the address shown on the appeal. Sec. 13 -19. Abatement by the City. If within fourteen (14) calendar days from the date of notice, or if an appeal has been made to the City Council, within fourteen (14) calendar days from the date of -3- 41 r; determination of the appeal -- unless the appeal is sustained and the Council determines that no such removal shall be required - -the nuisance has not been removed from the premises in question or from the street, alley, sidewalk, or right -of -way abutting such premises as directed by the notice or by the City Council on appeal, the Director of Public Works or Director of Planning shall cause the same to be removed and may enter upon private property for the purpose of so doing. If, upon appeal, the requirements of the original notice have been modified by the City Council, the Director of Public Works or Director of Planning in causing said nuisance to be abated shall be governed by the determination of the City Council. Sec. 13 -20. Assessment. Lien. The Director of Public Works and the Director of Planning shall keep or cause to be kept in his /her office a permanent record showing the legal description, as shown on the last equalized assessment roll of the County of Orange, of each piece of property or lot or the street, alley, sidewalk, or right -of -way abutting said property, from which a nuisance(s) has been removed at City expense under the provisions of this Chapter. The record book shall show any and all expenses -- including administrative costs -- incurred by the City in the removal of the nuisance as said expense relates to each separate property ownership. Each entry in the record book shall be made upon the completion of work done on each piece of property or lot or upon the street, alley, parkway, or sidewalk abutting thereon. After such entry has been made in the record book, the same shall constitute an assessment against the parcel of land, and thereafter the assessent shall be confirmed by motion of the City Council. The assessment, after being made and confirmed, shall become a lien upon the parcel. Sec. 13 -20.1. Appeal From Assessment. Between the 1st and the 15th day of July each year, the Director of Public Works and the Director of Planning shall cause to be published in the official newspaper of the City a notice that any person affected or aggrieved by any act or determination of the Director of Public Works, or the Director of Planning, or of the City Council in connection with the provisions of this Chapter may appeal to the City Council. An appeal shall be in writing and shall be filed with the City Clerk prior to the 15th day of July. At the next regular meeting of the City Council after the 15th day of July, or from time to time thereafter as may be determined by the Council, the Council shall hear and pass upon each appeal, and the determination by the Council thereupon shall be final and conclusive. In the event any determination of the Director of Public Works or the Director of Planning is modified by determination of the City Council or any assessment changed or corrected, the Director of Public Works, or the Director of Planning shall cause the correction to be made upon the record showing the assessment. -4- Sec. 13 -20.2. Cost Assessment. Entry on the Tax Roll. At the expiration of the time for appeal, or upon the determination by the City Council of all appeals so filed, and in compliance with the requirements of any determination so made, the Director of Public Works and the Director of Planning shall deliver to the City Clerk an abstract of the entries of the permanent record in which the Directors have shown each assessment for the preceding fiscal year. The abstract shall show the property affected and the amount charged there against. The City Clerk, prior to August 10th of each year, shall deliver to the County Auditor of the County of Orange the amount of each such charge to be placed upon the assessment roll against the respective lots and thereafter the charges shall be of the same character and effect, subject to the same penalties, and shall be collected in the same manner and at the same time as City taxes. The provisions of this Section shall not apply to any piece of property or land or lot if the charge against it has been paid prior to the delivery to the City Clerk of the abstract. In that event, an appropriate entry shall be made in the record book by the Director of Public Works or the Director of Planning showing that the charge has been paid. Sec. 13 -20.3. Proof of Notice. Proof of the posting and serving in person or mailing of any notice, order or determination provided for in this Chapter shall be by affidavit of the person performing the duty and the affidavit shall specify the time when the duty was performed. It shall be the duty of the Director of Public Works and the Director of Planning to keep such affidavits among the official records in his /her office. Sec. 13 -20.4. Refund. Any assessment or any portion of any assessment levied pursuant to the provisions of this Chapter which heretofore or hereafter has been paid more than once, erroneously or illegally collected, paid in excess of the amount chargeable, or was not chargeable to the person or the property paying the same under the provisions of this Chapter, by reasons of a clerical error of the employees or officials of the City, may be refunded by order of the City Council in the same manneer, to the same extent, and under the same conditions as now or hereafter are provided by the City for refund of payments of general taxes at any time after the abstract of charges taken from the record book of the Director or Public Works or the Director of Planning has been delivered to the County Assessor and entered upon the assessment books. The owner of any property assessed who may claim that the assessment is void in whole or in part may pay the same under protest. The protest shall be in writing, shall be received by the City Clerk on or before March 1st after the tax becomes due and payable, shall specify whether the whole or any part of the assessment is void and the grounds upon which such claim is founded. An owner, after making payment under protest, may recover the same in the manner and under the same conditions provided in Section 39585 of the Government Code of the State of California" -5- SECTION III: Severability. If any section, subdivision, sentence, clause, phrase, or portion of this Ordinance, or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or its application to other persons or places. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection. subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions of the application hereof to any person or place, be declared invalid or unconstitutional. SECTION IV: The City Clerk is hereby authorized and directed to certify as to the passage of this Ordinance and to give notice therof by causing copies of this Ordinance to be posted in three public places throughout the City. FIRST READ at a regular meeting of the City Council of said City on the 27th day of June 1988, and finally adopted and ordered posted at a regular meeting held on the llth day of July 1988. ATTEST: /t)1 glW/C CITY C ERK OF THE 44 OF CYPRESS THE CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Ordinance was duly adopted at a regular meeting of the said City Council held on the llth day of July , 1988; by the following roll call vote: AYES: 4 COUNCIL MEMBERS : Davis, Kanel, Mullen and Arnold NOES: 0 COUNCIL MEMBERS: None ABSENT:1 COUNCIL MEMBERS : Coronado CITY CLERK OF THEZ ITY OF CYPRESS -6-